Rental Agreement:
By submitting payment for this reservation, you agree that you have read, understood
and agree to adhere to and be bound by the terms and conditions of this agreement,
thus making it a legal binding contract. Please email info@30abeachproperties.com
immediately if you have any questions or concerns.
For purposes of this agreement: (i) references to “you,” “your” and “guest” means the
individual submitting payment and all occupants of the property during the stay; (ii)
references to “we,” “us,” “our,” “Manager,” and “30a Beach Properties” means
30ABeachProperties.com, LLC, (iii) references to “Owner” means the owner(s) of the
rental property; and (iv) references to the “property,” “accommodation” or the “unit”
means the property rented by the guest.
1. Check-In / Check-Out Times. Check-in begins at 4:00 PM (Central Time), and we
will use our best efforts to have the Property ready for you at such time. In rare
instances, check-in to the Property may be unavoidably delayed due to unexpected
maintenance and/or housekeeping issues. You are not allowed to enter the Property
until all housekeeping and inspections have been completed, and housekeepers are
not authorized to grant access to the Property. Check-out time is 9:00AM (Central
Time). Refunds are not given for late arrivals or early departures.
2. Advance Payment. An advance payment equal to 50% of the total booking charges
are due at the time of reservation if booked through the 30a Beach Properties
website. This advance payment will be applied towards the total booking charges
due. If the reservation is booked through VRBO or Home Away (Book Now), 100%
of the total booking charges may be due at the time of booking. Specials and
promotional offers may be offered by 30a Beach Properties from time to time. All
specials and promotional offers apply to new bookings only, not to existing
reservations, and are available for a limited period of time.
3. Rent Payment. The balance of the total booking charges are due 60 days prior to
your arrival date and will be charged to the credit card on file unless other
arrangements have been made. Failure to pay the balance of the total booking
charges in full when due shall result in cancellation of the reservation. If the
reservation was booked through VRBO or Home Away (Book Now), 100% of the
total booking charges may be due at the time of booking.
4. Cancellations and Changes. Reservations may be cancelled by either party “ you”
or “30a Beach Properties” by notifying either party in writing at least sixty (60)
calendar days prior to your Check-In date (“Cancellation Period”).* In such
instances, the full amount of your advance payment will be refunded less all
administrative fees and charges. If you cancel a stay or a portion of a stay after the
Cancellation Period, you will be responsible for the full amount of the total booking
charges with no refund. No discount to the total booking charges or any refunds will
be given for any adjustments or changes to your reservation after the Cancellation
Period for any reason, including late arrivals, early departures, inclement weather,
maintenance and/or housekeeping issues, failure, outages or noise. 30a Beach
Properties reserves the right to correct or adjust rates to the published rates on a
reservation if the rates have been misquoted due to human and/or computer error.
5. Accommodation Selections. Manager will reserve the specific unit selected at the
time of your reservation upon the receipt of your advance payment and the
confirmed agreement to our terms and conditions of the rental agreement. Subject
to the availability for maintenance, owner usage, or other issues that may render the
accommodations unsuitable for rental, and/or subject to the property remaining as
a 30a Beach Properties accommodation at the time of stay, the guest will be placed
into the specific unit as per the agreement. If the specific unit is not available, 30a
Beach Properties will provide the guest with a full refund or the option to stay in
another comparable accommodation, if available, with such alternative
accommodation being within 30a Beach Properties’ sole discretion. The Property is
individually owned and furnished to the home owner’s taste and preferences, and
inventories and furnishings are subject to change without notice. You are not
allowed to relocate to another property or entitled to a refund or adjustment simply
because the Property does not meet your preferences or expectations upon arrival.
6. Pet Policy. Pets are not permitted in most 30a Beach Properties’ properties. Guests
who violate this policy by bringing a pet to a non-pet friendly property will be
charged an additional $2000, plus the expense of any cleaning deemed necessary by
30a Beach Properties in its sole discretion. Violations will also result in immediate
eviction and forfeiture of rent. Notwithstanding this provision, 30a Beach Properties
is committed to providing reasonable accommodation to protect the rights of guests
with disabilities to bring a “service animal” (as defined by Florida and federal law)
under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the
Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a
guest needs a service animal who has been trained to do work or perform tasks for a
disability, he or she should request a reasonable accommodation, in writing, from
30a Beach Properties at the time of their reservation. The request should state that
the guest has a disability and provide the specific work or task that the service
animal has been trained to perform. Guests need not disclose the details of their
disability nor provide a detailed medical history. Guests will be responsible for any
damages caused by a service animal, including any additional cleaning fees required
at the end of the stay to prepare the Property for incoming guests. Emotional
support animals are only permitted in 30a Beach Properties properties that permit
pets.
7. No Smoking. Smoking is not permitted in any 30a Beach Properties property.
Guests who violate this policy will be charged an additional $2000, plus the expense
of any cleaning deemed necessary by 30a Beach Properties in its sole discretion.
Violations will also result in immediate eviction and forfeiture of all booking
charges.
8. Maximum Occupancy; Events. The maximum number of guests per
accommodation is based on the individual accommodation’s ability to comfortably
and safely house our guests. If the maximum occupancy is exceeded, you may be
subject to immediate eviction and forfeiture of all booking charges. Guests shall not
have parties or events at the home without obtaining prior approval of 30a Beach
Properties and payment of additional fees. Some properties and/or communities do
not allow events of any kind, and all approvals shall be in 30a Beach Properties’ sole
discretion.
9. Age Requirements. All 30a Beach Properties accommodations are family rentals.
No units will be rented to vacationing students or young adults under the age of 25
unaccompanied by a responsible parent or guardian at a ratio of four (4) young
adults to one (1) adult over the age of 25. The person on the reservation must be
staying in the unit at all times. Guests who violate this policy will be immediately
evicted and forfeit all booking charges.
10. Spring Break. For reservations in March or April, it is required that one parent or
guardian over the age of 25 is present and staying in the property for every three
(3) guests between the ages of 15 and 25. Proof of age is required by all guests and
all homes are subject to inspection upon guest arrival and during guest stay to
ensure compliance. Violations will result in immediate eviction and forfeiture of all
the total booking charges.
11. Falsified Reservations. Reservations made under false pretense are null and void
and check-in will not be allowed or guests will be asked to vacate the
accommodations. This policy includes reservations made by parents or guardians
who do not check in, and/or who leave overnight during the length of the stay. Any
reservation obtained under false pretense will forfeit total booking charges.
12. Multi-Party Occupancy. If two or more parties reserve or occupy a single property,
and one or more of the parties cancel, the primary guest whose name appears on the
reservation is financially responsible for all booking charges associated with the
reservation. In addition, each party, jointly and severally, is required to be in
compliance with all of these terms and conditions and will be liable for any and all
damages which may be caused during a stay.
13. Entry by 30a Beach Properties. 30a Beach Properties or its agents may enter the
property in case of an emergency, to make any repairs, alterations or improvements,
to supply services, to show the property to prospective purchasers, renters or
contractors, or upon reasonable suspicion that guest has breached any of its
obligations hereunder. We will try to provide at least 3 hours notice of intent to
enter the property except in the case of an emergency, provided, that failure to
provide advance notice of intent to enter the property shall not affect our ability to
enter for the reasons set forth above.
14. Housekeeping. Your vacation accommodations will be cleaned to our quality
standards prior to your arrival and after your departure. You will be responsible for
the cleaning of your unit during your stay and for leaving the unit in good condition
at check-out. We respectfully request that you remember that you are staying in
someone’s home during your vacation; please treat it with the care you would your
own. If units are found abnormally dirty at check-out, additional charges will be
charged to your credit card on file to assist in performing a deep cleaning of the unit.
All stays will be subject to a cleaning fee. Additional cleanings can be arranged
during your stay for an additional fee.
15. Beach & Pool Towels. Please bring your own beach and/or pool towels as we do
not permit bath towels or linens to be taken from the unit.
16. Amenities. 30a Beach Properties provides the property with a complimentary set of
amenities including 1 roll of paper towels per kitchen sink, 2 dishwasher tablets per
property, 2 kitchen trash bags, 2 rolls of toilet paper per bathroom, and 1 small
sample of each of the following per full bathroom: shampoo, conditioner, body wash
and/or bar hand soap. You are responsible for the purchase of any additional items
you may require during your stay.
17. Maintenance. During your stay, promptly report any maintenance problems to the
Manager. No refund or rate adjustment will be made for maintenance failures,
including any disruptions or failures related to the supply of electricity, water, pool
systems, air conditioning, telephone, television or cable service, appliances, wi-fi,
etc., regardless of whether such issues were reported to the Manager.
18. Propane Tanks. Should a propane tank for a grill become empty during a guest’s
stay during regular business hours (9 AM- 5 PM CST), we will come exchange it. If it
is reported empty after hours, this is a non-emergency item and will be replaced
within 24 hours. At any time during business hours or after hours, the guest has the
option to exchange the tank themselves at their own risk. If the original receipt is
provided to the Manager, we will reimburse the guest for the exchanged propane
tank. Reimbursement will be made to the credit card on file for the reservation only.
30a Beach Properties is not liable for loss of food products due to propane running
out during cooking.
19. Damage Policy. Guests are responsible for the property, its contents, and
themselves during occupancy. Guests must lock windows and doors securely when
not in the premises. Rearranging the furniture or removing any items from the unit
is prohibited. After Check-Out, the Manager will inspect the unit for damage,
rearranged furniture, missing items, and abnormally dirty appearance. If the
Manager determines that damage has occurred, items are missing, or the unit is
abnormally dirty, the Manager will repair the damage, replace the missing items,
and/or perform a deep clean of the unit at your expense. You authorize Manager to
charge the credit card on file to reimburse the Manager for any such expenses.
20. Hurricanes and Severe Weather. Refunds for cancellations or shortened stays due
to actual or anticipated hurricanes, tropical storms, other inclement weather or Acts
of God will not be issued by Manager under any circumstances. We recommend all
guests purchase travel protection insurance from a 3rd party company, as 30a
Beach Properties does not offer travel protection.
21. Nearby Construction. There may be construction ongoing at properties adjacent to
or close by the property being rented by guest. The rules regarding acceptable noise
levels, start and finishing times, and other restrictions relating to any such
construction are governed by local ordinances and/or community specific rules and
regulations beyond the control of the Manager. The Manager will use its best efforts
to ensure that the appropriate parties are notified and appropriate remedial action
taken in the event that it receives notice that the construction at issue may be in
violation of any such regulations or ordinances.
22. Interference with Stay. We are not liable for any disturbance or interruption that
may occur during your stay that is outside of our reasonable control caused by trash
trucks, food and delivery trucks, noises in residential and commercial retail
environments, disturbances or facility closures, whether due to construction,
neighbors, events or other circumstances beyond our reasonable control. As such,
guest shall not be entitled to a refund relating to any such disturbances or
interference nor to be moved to another property.
23. Security of Personal Property. The Manager is not responsible for any acts of theft
or vandalism, or other damages to any personal property or for personal items left
by guest in the accommodation at departure.
24. Payment Method. Please provide payment directly with one of our property
managers over the phone or via the online payment system if making a booking
online. Payment must be via credit card. The final payment will be automatically
charged sixty (60) days prior to your arrival using the same credit card you used to
process the booking deposit.
25. Card on File. Guests give 30a Beach Properties permission to charge the credit card
on file for anything over the policy limit or not covered by the damage waiver.
Anything over and above the guests’ credit card limit will be turned over to our
attorney. Any legal costs and fees are stipulated below. There will be no additional
charges provided the following provisions are met: (i) No damage is done to the
property or its contents, beyond normal wear and tear; (ii) Guest did not incur any
charges due to contraband, pets, or collection of rents or services rendered during
the stay; (iii) No excessive cleaning is required; (iv) All keys and pool/beach passes
are left in the designated location; (v) The unit is left locked; and (vi) No linens are
lost or damaged.
26. No Subletting. The rental property may not be sublet. Your reservation is not
transferable to any other party.
27. Property for Sale. In the event a property is on the real estate market, 30a Beach
Properties may need to show the property during your stay. 30a Beach Properties
will make every effort to provide the guests occupying the property 24 hours’ notice
before scheduling any showings.
28. Compliance with Laws, Rules and Regulations. Guest shall abide by and observe
all applicable federal, state and local laws during their stay, as well as any rules and
regulations governing the use of the property and neighborhood you are occupying.
These rules apply to both owners and guests, and failure to comply will result in
eviction and forfeit of all booking charges.
IF YOU OR OTHER OCCUPANTS (I) FAIL TO STRICTLY ABIDE BY THE LAWS OF
THE UNITED STATES, THE STATE OF FLORIDA, LOCAL LAWS AND/OR
NEIGHBORHOOD RULES AND REGULATIONS, OR OTHERWISE FAIL TO
STRICTLY ABIDE BY THE TERMS OF THIS AGREEMENT, (II) CAUSE DAMAGE TO
THE PROPERTY OR ANY SURROUNDING AREA, OR (III) ENGAGE IN ANY OTHER
ACT(S) WHICH INTERFERE WITH OTHERS’ RIGHTS TO QUIET ENJOYMENT OF
THEIR PREMISES, GUEST SHALL BE SUBJECT TO IMMEDIATE EVICTION FROM
THE PROPERTY WITHOUT ANY REFUND OF BOOKING CHARGES AND
LIABILITY FOR ADDITIONAL CHARGES FOR DAMAGES INCURRED. ALL SUCH
DECISIONS SHALL BE IN THE SOLE DISCRETION OF 30A BEACH PROPERTIES.
29. Refundable Damage Deposit. On certain properties a refundable damage deposit
is required in lieu of the Damage Waiver Fee. This is refundable approximately 2
weeks after departure as soon as the property and linens have been inspected for
damage and cleanliness. The deposit will be refunded to the guest credit card on file,
less any costs, for excessive cleaning, damaged linens, broken or missing household
items, décor, etc.
30. Indemnification of Manager. You and all occupants shall, jointly and severally,
defend, indemnify and hold 30a Beach Properties.com, LLC (including its members,
officers, employees, subcontractors, agents and representatives) and the Owner (the
“Manager Parties”), harmless from any and all claims, liabilities, losses, costs and
expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit)
incurred the Manager Parties related to, as a result of or arising from the actions of
the guest and any occupants, including any negligent acts or omissions, willful
misconduct, violations of laws or any obligations in this agreement, except to the
extent such claims, demands and actions arise from the gross negligence or willful
misconduct of the Manager Parties.
31. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT NO MANAGER
PARTY ASSUMES ANY LIABILITY FOR LOSS, DAMAGE, CLAIM OR INJURY TO
PERSONS OR THEIR PERSONAL PROPERTY WHILE ON THE PREMISES, NOR FOR
ANY INCONVENIENCE, DAMAGE, CLAIM, LOSS OR INJURY ARISING FROM OR
RELATED TO ANY TEMPORARY DEFECTS OR STOPPAGE IN SUPPLY OF WATER,
GAS, CABLE SERVICE, ELECTRICITY, INTERNET SERVICE OR PLUMBING; CHANGES
TO RENTAL ASSIGNMENTS; WEBSITE OR BROCHURE ERRORS; WEATHER
CONDITIONS; NATURAL DISASTERS; ACTS OF GOD; OR OTHER REASONS BEYOND
THEIR CONTROL.
32. Release of the Manager Parties. In addition to the other specific releases set forth
in this agreement and its addendum, you, for yourself, your heirs, assignors,
executors, and administrators, and on behalf of each occupant of the property, and
such occupants’ heirs, assignors, executors and administrators, fully release and
discharge the Manager Parties from any and all liabilities, claims, demands, and
causes of action which you, any occupant or their family members have or may have
in the future by reason of any injury, loss or damage by whatever nature which has
or have occurred, or may occur to you, or to any of the occupants during the stay as
a result, or in connection with the occupancy of the property or in use of any item
provided during your stay, including bikes, golf carts or other recreational items,
including any claims, damages, costs or causes of action due to the negligence,
breach of contract or wrongful conduct of any Manager Party, and agree not to sue
and to hold the Manager Parties free and harmless of any claim or suit arising there
from.
THE UNDERSIGNED UNDERSTANDS, INTENDS AND DESIRES TO RELEASE THE
MANAGER PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED
TO THE OCCUPANCY OF THE PROPERTY TO THE FULLEST EXTENT PERMITTED BY
THE LAWS OF THE STATE OF FLORIDA.
33. Golf Cart. Guests who rent units that provide complementary golf carts further
agree to the express terms, conditions and waivers set forth in the attached Golf Cart
Waiver and Damage Addendum. Some communities, like Rosemary Beach, do not
allow golf carts.
34. Bikes. Some 30a Beach Properties’ properties are provided bikes.
Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement:
In consideration for receiving access and/or permission to use any bikes at your
rental property or otherwise made available to you as an amenity in conjunction
with your rental by 30a Beach Properties and the Owner, you hereby RELEASE,
WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY
AND HOLD HARMLESS for any and all purposes the Manager Parties FROM ANY
AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION
OR INJURY, INCLUDING DEATH, that may be sustained by you or your guests or
invitees while using the bikes, whether caused by the Manager Parties’ active or
passive negligence. You agree that you are fully aware that there are inherent risks
involved with the use of bicycles, including but not limited to possible physical
injury (including, but not limited to broken bones, strains, sprains, bruises,
concussions, heart attack, heat exhaustion) and loss of life and you choose to
voluntarily use the bicycles with full knowledge that the use of the bicycles may be
hazardous to you, your guests, your invitees, and your property (“You”). YOU
VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS,
PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH,
that may be sustained by You as a result of using the bicycles, whether supervised or
unsupervised.
35. Swimming Pool and Hot Tub Usage – Release of Liability, Waiver of Claims,
Express Assumption of Risk and Indemnity Agreement
In consideration for receiving access and/or permission to use any swimming pool,
spa or hot tub (collectively referred to herein as “Pool Facilities”) at your rental
property or otherwise made available to you as an amenity in conjunction with your
rental by 30a Beach Properties and the Owner, you hereby RELEASE, WAIVE,
DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD
HARMLESS for any and all purposes the Manager Parties FROM ANY AND ALL
LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR
INJURY, INCLUDING DEATH, that may be sustained by you or your guests or invitees
related to, involving or arising from you or your guests use of the Pool Facilities or
other actions or omissions related thereto, whether caused by the Manager Parties’
active or passive negligence.
You agree that you are fully aware that there are inherent risks involved with Pool
Facilities, including but not limited to possible physical injury (including, but not
limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat
exhaustion) and loss of life (drowning) and you choose to voluntarily use the Pool
Facilities with full knowledge that the use of the Pool Facilities may be hazardous to
you, your guests, your invitees, and your property (“You”). YOU VOLUNTARILY
ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR
PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be sustained by
You as a result of using the Pool Facilities, whether supervised or unsupervised.
You agree to be responsible for the day to day general safety conditions of any
swimming pool and/or hot tub to use at your rental property. This includes, but is
not limited to, keeping the swimming pool, spa and/or hot tub clean of debris,
keeping the swimming pool, spa and/or hot tub areas clean, neat and organized,
keeping all gates and doors locked and the swimming pool, spa and/or hot tub area
secured at all times, and operating the swimming pool, spa and/or hot tub in a safe,
responsible manner.
You understand that the Manager Parties may not maintain any insurance policy
covering any circumstance arising from your use of the Pool Facilities or any event
related thereto. As such, you are aware that you should review Your personal
insurance coverage.
You hereby certify that you are at least 18 years of age and you are legally
competent to enter into this Agreement, including the Release, Waiver, Assumption
and Indemnity provisions contained herein. You agree that it is your express intent
that this release shall bind the members of your family and spouse, if you are alive,
and your heirs, assigns and personal representatives, if you are deceased, and shall
be governed by the laws of the State of Florida.
Additional charges will be accrued and charged to the credit card on file if the
swimming pool, spa and/or hot tub is not kept clean and clear of debris and any
foreign substance. This includes but is not limited to alcoholic beverages, food,
bodily fluids, and excess sand.
36. Use of Personal Data and Private Information. Your privacy—and the protection
of your private information, such as your email address, credit card information,
physical address, and name—is important to us. We will only use your financial
information (including your credit card information on file) as necessary to process
payment for booking charges and other authorized fees and damages in accordance
with this agreement. We will only use your other private information that we may
collect to (i) fulfill, offer, or further develop (or improve) our products, services, and
offers or those of our affiliates, (ii) communicate with you or our applicable
employees, agents, and third-party service providers, and (iii) provide you
information about new and existing products, services, and offers that may interest
you related to 30a Beach Properties or our affiliates. Additionally, we may also
collect “cookies” (small files that contain unique identifiers that allow our
computers to identify your web browser, though not you specifically, each time you
visit our website) and anonymous information about you, such as how long you
stayed on the website, the name of your internet service provider, and the portions
of our website you viewed. Any cookies or anonymous information we collect will
only be used to improve functionality of our website, or for research and analytical
purposes (though no personal information about you will be included for research
and analytical purposes). Your personal information will not be shared or sold to
third parties for the purpose of their telemarketing or selling their products or
services, unless you otherwise consent to such disclosure or sale.
While utilizing our website, or any internet access made available during your stay
at one of our locations, you agree not to engage in any activity that violates any
federal or state privacy, copyright, or criminal law, or that could be considered
malicious or unethical. If you become aware of such activity by yourself, or by
another, you must immediately notify us. Likewise, you agree not to share or
disclose any password created by you, or made available to you, related to internet
access or our website.
Despite our continual and evolving efforts to maintain appropriate protections, we
cannot guarantee the security of your private information. Accordingly, you
acknowledge and agree that we make no such guarantee. You recognize and accept
that we have no control over the unauthorized interception or breach of any
communications or data once it has been sent or has been subject to unauthorized
access, notwithstanding all reasonable security measures employed by us or our
third-party vendors. You consent to our use of these electronic devices and
applications and submission of confidential client information to third-party service
providers for your reservation. Similarly, our website may provide links to other
websites or resources, of which we have no control over. We are not responsible for
the availability of such external websites or resources, and we do not endorse and
are not responsible or liable for any content, advertising, products, or other
materials on or available from such websites or resources. You further acknowledge
and agree that we shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such
website or resource.
37. This contract is binding upon initial payment. No signatures are required.
38. Applicable Law. This Agreement shall be deemed to have been made and entered
into in the State of Florida, and will in all respects be governed by, construed under,
and enforced and interpreted in accordance with the laws of the State of Florida,
excluding its principles of conflicts of laws.
39. Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any civil action
related to this agreement or the course of dealings between the parties is the courts
sitting in Walton County, Florida. The parties hereby submit to the personal
jurisdiction of all the courts in the previous sentence and agree not to challenge such
jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of
the Agreement or to collect any amount due hereunder, the prevailing party shall be
entitled to reimbursement for all costs and expenses reasonably incurred in
enforcing, defending or interpreting its rights hereunder, including, but not limited
to, all attorneys’ fees and the costs expended in determining entitlement to and
amount of such fees.
40. Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT, THE PARTIES
KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY
CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT
OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
41. Force Majeure. Notwithstanding any other provision of this Agreement, no party to
the Agreement shall be deemed in default or breach of this Agreement or liable for
any loss or damages or for any delay or failure in performance (except for the
payment of money) due to any cause beyond the reasonable control of, and without
fault or negligence by such party.
42. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any prior understanding, marketing or agreement among
them respecting the subject matter hereof. There are no representations,
arrangements, understandings or agreements, oral or written, relating to the subject
matter of this Agreement, except those fully expressed herein. No waiver of any
provision hereof shall be valid or binding on the parties hereto, unless such waiver
is in writing and signed by or on behalf of the parties hereto, and no waiver on one
occasion shall be deemed to be a waiver of the same or any other provision hereof in
the future.
43. Severability. If any term or provision of this Agreement is held illegal, invalid or
unenforceable, such illegality, invalidity or unenforceability shall not affect the
legality, validity or enforceability of the remainder of this Agreement.
44. Binding; No Assignment. All of the terms, covenants and conditions of this
agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, legal representatives, successors and assigns. You may not
assign this agreement without our consent, and any attempted assignment shall be
null and void.
45. Headings. Section and other headings contained in this Agreement are for reference
purposes only and are in no way intended to define, interpret, describe or limit the
scope, extent or intent of this Agreement or any provision hereof.
Accidental Damage Waiver Addendum
DAMAGE WAIVER FEE. NON INSURED PRODUCT
A nonrefundable Damage Waiver Fee is required for all reservations. We require a valid
Visa, Master Card, or America Express number on file in addition to the Damage Waiver
Fee. The Damage Waiver Fee is a nonrefundable Fee that relieves guest of the cost for
unintentional and incidental damage to the rental property and its contents, not to
exceed the amount of coverage of $1500. The Damage Waiver Fee does not cover
intentional damage, theft, unauthorized entry into the Owner’s supply closet,
unauthorized pets, extensive cleaning required at check-out, smoking, exceeding
occupancy limits or parking limits, any breach of any of the terms of the rental
agreement, including any fines imposed on Manager by the city, county, state or
homeowners or condominium association as the result of violation of any law,
ordinance, rule or regulation or any fines or costs levied against guest or visitors of
guest (Excess Damage Costs). Guest will be notified of any Excess Damage Costs in
writing. Any Excess Damage Costs will also be charged immediately to guest’s credit
card. Guest assumes full responsibility for any items found to be missing and any
damage due to misuse, negligence or action on guest’s or guest’s visitor’s part, except
in the case of normal wear-and-tear reported to Manager within 48 hours of Check-in.
The Damage Waiver Fee does not substitute for guest’s responsibility to leave the
property in appropriate condition. The Damage Waiver Fee does not negate guest’s
responsibilities as a responsible renter, nor does it relieve guest from responsibility for
intentionally destructive acts of guest or other members of guest’s party while in
occupancy. Guest must notify Manager of any damage or theft to the unit during guest’s
occupancy or upon vacating. The property will be carefully inspected after guest’s
departure and any damage, theft or other incidents which occur during guest’s
occupancy and which have not been disclosed to Manager prior to guest’s leaving will
remain guest’s obligation. The maximum aggregate amount of accidental damage that
is covered by the Damage Waiver Fee is listed in your rental agreement. Any damage in
excess of this amount remains the responsibility of guest. All waivers of theft or damage
will be administered by Manager at the property. Manager will have the sole authority to
determine the nature and extent of damages, necessary repairs and eligibility for the
waiver of liability described herein. Guest must report any theft or damage to the
property or its contents prior to checkout or any otherwise applicable damage waiver will
be void. TERM OF COVERAGE: The waiver takes effect upon check-in on the booked
arrival date to the property, together with receipt of payment of the waiver fee, at or
before check-in. All coverage shall terminate upon normal check-out time of the
property or the departure of the guest, whichever occurs first.
DAMAGE WAIVER FEE CONDITIONS & LIMITATIONS
The plan will not include liability for damage or theft resulting from the following, whether
or not Acts of God or any other cause or action contributed to the damage or theft that occurred:
Intentional acts of a guest.
Gross negligence or willful and wanton conduct.
Theft of or damage to any personal property owned by, or brought onto the premises by guest.
Theft without a valid police report.
Damage caused by any pet brought onto the property by guest.
Property damage resulting from motorized vehicles or watercraft operated by guest.
Any cause whatsoever if the guest does not report the damage to Manager prior to check out.